|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the effect of a charter provision relating to the sale |
|
|
of alcoholic beverages for off-premise consumption on a subsequent |
|
|
local option election for the sale of alcoholic beverages in |
|
|
certain home-rule municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 215, Local Government |
|
|
Code, is amended by adding Section 215.076 to read as follows: |
|
|
Sec. 215.076. CHARTER PROVISIONS AND LOCAL OPTION ELECTIONS |
|
|
IN CERTAIN MUNICIPALITIES. (a) This section applies only to a |
|
|
home-rule municipality: |
|
|
(1) in which the sale of alcoholic beverages for |
|
|
off-premise consumption has been approved at an election called and |
|
|
held for that purpose; and |
|
|
(2) that, before June 11, 1987, adopted or enacted a |
|
|
home-rule charter or home-rule charter amendment that restricts the |
|
|
sale of alcoholic beverages for off-premise consumption to a |
|
|
portion of the municipality. |
|
|
(b) A local option election for or against the sale of |
|
|
alcoholic beverages for off-premise consumption which is held or |
|
|
conducted either before or after the effective date of this section |
|
|
in a county or in a justice precinct in which a home-rule |
|
|
municipality or any part of a home-rule municipality is contained |
|
|
does not alter, modify, or supersede a home-rule charter |
|
|
restriction of the municipality as described by Subsection (a). A |
|
|
charter restriction described by Subsection (a) is in all respects |
|
|
validated. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |